Disciplina De La Poliza Estimada En Ley Contratos De Seguros Alberto Diaz Moreno pdf lit doc

October 18, 2019

Disciplina De La Poliza Estimada En Ley Contratos De Seguros por Alberto Diaz Moreno

Titulo del libro: Disciplina De La Poliza Estimada En Ley Contratos De Seguros

Autor: Alberto Diaz Moreno

ISBN:

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Article 28 of the Insurance Contract Law provides for the possibility for the parties, by mutual agreement, to fix (in the policy or after the conclusion of the contract) the value of the insured interest to be taken into account for the calculation Of the compensation. The figure of so-called "estimated policies" is thus legally contemplated, whose legal regime is the subject of a detailed study in this work. The content of the work is articulated around two large thematic blocks that are certainly related to each other. On the one hand, the normative content of Article 28 LCS is analyzed, paying special attention, as it could not be otherwise, to the regulation of the challenge of the estimated value (legitimacy, grounds of challenge, consequences ...). On the other hand, it addresses the difficult problem of the compatibility between the pacts of valuation of the value of the insured interest and the validity of the indemnifying principle. This has forced the author to stop - as a previous step - in the interpretation of Article 26 LCS, in order to define the scope of the prohibition of unjust enrichment of the insured and of the rule that determines the damage according to the final value Of interest. In this way, the study of assessed policies is an ideal opportunity to rethink the essential aspects of the discipline of damage insurance. This is the first work that, in the Spanish legal literature, deals monographically with the "estimated policies". It offers a reconstruction of the figure that tries to give a clear answer to the fundamental problems and questions. Its reading will be especially useful for all those who, from practice or academia, are interested in insurance law. Article 28 of the Insurance Contract Law provides for the possibility for the parties, by mutual agreement, to fix (in the policy or after the conclusion of the contract) the value of the insured interest to be taken into account for the calculation of the compensation . The figure of so-called "estimated policies" is thus legally contemplated, whose legal regime is the subject of a detailed study in this work. The content of the work is articulated around two large thematic blocks that are certainly related to each other. On the one hand, the normative content of Article 28 LCS is analyzed, paying special attention, as it could not be otherwise, to the regulation of the challenge of the estimated value (legitimacy, grounds of challenge, consequences ...). On the other hand, it addresses the difficult problem of the compatibility between the pacts of valuation of the value of the insured interest and the validity of the indemnifying principle. This has forced the author to stop - as a previous step - in the interpretation of Article 26 LCS, in order to define the scope of the prohibition of unjust enrichment of the insured and of the rule that the damage according to the final value Of Interest In this way, the study of assessed policies is an ideal opportunity to rethink the essential aspects of the discipline of damage insurance. This is the first work that, in the Spanish legal literature, deals monographically with the "estimated policies". It offers a reconstruction of the figure which tries to give a clear answer to the fundamental problems and questions. Its reading will be especially useful for all those who, from practice or academia, are interested in insurance law.